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Practice Direction

Part 16: Appeals

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PART 16: APPEALS For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

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PART 16: APPEALS 146. Appeals under Part 19 of the Family Justice (General) Rules 2024 147. Request for further arguments before Judge 148. Use of presentation slides for all proceedings before the Family Division of the High Court

(1)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The appeals counter of the Registry is located in the Family Registry of the Family Justice Courts Building.

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Formatting requirements and page limits for appeals under Part 19 of the Family Justice (General) Rules 2024

(2)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The formatting requirements for written submissions, appellant’s Case and respondent’s Case filed under Part 19 of the Family Justice (General) Rules 2024 are as follows:

(a)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 all pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated such that the printed page numbers correspond to the page numbers in the soft copy Portable Document Format (PDF) version of the document, the page number must be inserted at the top right hand corner of the page; (b) except for content reproduced from case authorities, textbook or other commentaries, other documents filed in Court, and extracts of transcripts, which may be in Times New Roman 10 or its equivalent, the minimum font size used must be Times New Roman 12 or its equivalent; (c) the print of every page must be double-spaced, except for the following, which may be single-spaced: (i) cover pages and tables of contents; (ii) paragraph and section headings or sub-headings; (iii) content reproduced from case authorities, textbook or other commentaries, and other documents filed in Court; and (iv) extracts of transcripts; (d) every page must have a margin on all 4 sides, each of at least 35 mm in width; and (e) parties are strongly encouraged to print on both sides of each piece of paper where hard copies are tendered.

(3)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The following page limits apply to appeals under Part 19 of the Family Justice (General) Rules 2024:

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 | Type of appeal | Rule | Appeal document | Prescribed page limits | | -------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------- | | Division 2 — Appeals from Registrar to District Judge in proceedings in Family Court and to Judge in proceedings in Family Division | Part 19, Rule 18(6) | Written submissions | 35 pages | | Division 3 — Appeal from judge of Family Court to Family Division | Part 19, Rule 23(6) | Written submissions | 35 pages | | Division 4 — Appeals from judgments and orders made after hearing on merits | Part 19, Rule 32(1) | Appellant’s Case | 35 pages | | | | Appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court) | 55 pages | | | | Respondent’s Case | 35 pages | | | | Respondent’s core bundle of documents | 35 pages |

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The prescribed page limits set out in the table at sub-paragraph (3) include the cover page and table of contents.

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Where the Court allows the prescribed page limits to be exceeded, fees are payable under the Third Schedule to the Family Justice (General) Rules 2024.

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Guidelines for preparation of appeal documents

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Written submissions

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 All written submissions must include a cover page and a table of contents.

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Bundle of authorities

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The party must, in lieu of the bundle of authorities, file a list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service within the timelines prescribed in Part 19, Rule 18(5), 23(5) or 30 of the Family Justice (General) Rules 2024.

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The bundle of authorities (whether in hard copy or soft copy) must comply with the requirements under paragraphs 124(5) to (11) of these Practice Directions. In particular, where the bundle of authorities consists of more than 1 volume:

(a)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume A; and (b) each volume must have a table of contents indicating the authorities that are contained in that volume.

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Appellant’s Case, respondent’s Case and core bundle of documents required under Part 19, Division 4 of the Family Justice (General) Rules 2024

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The appellant’s Case and the respondent’s Case must each include a cover page and a table of contents.

(10)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 The contents of the appellant’s core bundle of documents must be arranged in the following separate volumes:

(a)

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Volume A – A table of contents listing the documents included in Volumes A and B, the certified copy of the written judgment or grounds of decision of the lower Court, and the extracted order of the lower Court. (b) Volume B – All other documents referred to in Part 19, Rule 25 of the Family Justice (General) Rules 2024 and a table of contents listing the documents included therein.

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 All pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated in the manner provided for in paragraph 146(2)(a), and, where there are multiple volumes, each separate volume must start at page 1, and every page in that volume must be numbered consecutively.

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Submission of hard copies of appeal documents

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 All appeal documents as required in Part 19 of the Family Justice (General) Rules 2024 must be tendered to the Despatch Office at Level 1, Supreme Court Building not less than 5 working days before the hearing of the appeal. For clarity, the appeal documents are as follows:

146. Appeals under Part 19 of the Family Justice (General) Rules 2024 | Type of appeal | Rule | Appeal document | Which party is to submit | | --------------------------------------------------------------------------------------------------------------------------------------- | ------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------- | | Division 2 — Appeals from Registrar to District Judge in proceedings in Family Court and to Judge in proceedings in Family Division | Part 19, Rule 18(5) | Written submissionsBundle of authorities | Each party is to submit 1 hard copy each of his or her respective documents. | | Division 3 — Appeal from judge of Family Court to Family Division | Part 19, Rule 23(5) | Written submissionsBundle of authorities | Each party is to submit 1 hard copy each of his or her respective documents. | | Division 4 — Appeals from judgments and orders made after hearing on merits | Part 19, Rule 30(4) | Record of appealAppellant’s CaseAppellant’s core bundle of documentsAppellant’s bundle of authorities | The appellant is to submit 1 hard copy each of his or her respective documents. | | | Part 19, Rule 30(8) | Respondent’s caseRespondent’s core bundle of documentsRespondent’s bundle of authorities | The respondent is to submit 1 hard copy each of his or her respective documents. |

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146. Appeals under Part 19 of the Family Justice (General) Rules 2024 Parties are strongly encouraged to print on both sides of each piece of paper where hard copies are tendered.

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147. Request for further arguments before Judge All requests for further arguments pursuant to Part 19, Rule 20 or Part 19, Rule 34 of the Family Justice (General) Rules 2024 must be made by way of request filed through the Electronic Filing Service and should, either in the request electronic form or a document attached to the request:

(a)

147. Request for further arguments before Judge state the party making the request; (b) identify the Judge who heard the matter in question; (c) specify when the order concerned was made (if the request is made after the Judge has given his or her decision); (d) state the provision of law under which the request is made; (e) set out the proposed further arguments briefly, together with any authorities; and (f) include a copy of each of the authorities cited.

(2)

147. Request for further arguments before Judge A copy of the request must be furnished to all parties concerned.

(3)

147. Request for further arguments before Judge All requests should be addressed to the Registrar.

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148. Use of presentation slides for all proceedings before the Family Division of the High Court Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides must comply with the following standards:

148. Use of presentation slides for all proceedings before the Family Division of the High Court Typeface

(a)

148. Use of presentation slides for all proceedings before the Family Division of the High Court A clear typeface such as Arial or Times New Roman must be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

148. Use of presentation slides for all proceedings before the Family Division of the High Court Colours

(b)

148. Use of presentation slides for all proceedings before the Family Division of the High Court There must be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

148. Use of presentation slides for all proceedings before the Family Division of the High Court Animation and sounds

(c)

148. Use of presentation slides for all proceedings before the Family Division of the High Court Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

148. Use of presentation slides for all proceedings before the Family Division of the High Court Corporate logos

(d)

148. Use of presentation slides for all proceedings before the Family Division of the High Court Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.